Under the Department of Syariah Judiciary Malaysia (JKSM), certain marriages require Syariah Court approval beforehand, including:
Polygamy
- Men intending to marry more than one wife must obtain court approval.
- The court will assess financial ability, fairness, and other reasons.
Court-appointed guardian (wali akim)
- If the guardian cannot be located, refuses, is ineligible or has passed away.
- The Syariah Court must issue a Guardianship Order to replace the absent guardian.
- This order is required before the marriage application is approved.
Underage applicants
- The age limit for underage marriage for men and women is subject to the laws of each state.
- If any underage couple wants to get married, they need to get a court order and it only applies to the state in question.
Marriage during iddah
A man who has divorced his wife and is still in his wife's iddah period must apply for permission from the sharia court to marry another woman.
Widow without consummation (janda berhias)
Women who have been divorced without having had intercourse (decorated widows) must apply for permission from the syariah court to marry.
All matters regarding permission to marry must be referred to the syariah court nearest to the place of residence.
